Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī (Oct 2021)

International Obligations of Greenhouse Gas Emission States from the Perspective of the Convention on the Law of the Sea 1982

  • Homayoun Habibi,
  • Hajar Raee Dehaghi

DOI
https://doi.org/10.22054/qjpl.2021.49411.2312
Journal volume & issue
Vol. 23, no. 72
pp. 39 – 69

Abstract

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Today, climate change has become concern of the international community, and there has been considerable solidarity to confront it. However, the Climate Change Convention, the Kyoto Protocol and the Paris Agreement have failed to prevent climate change and reduce greenhouse gas emissions, and countries have shown no serious will to achieve climate change targets. On the other hand, increasing greenhouse gas emissions have seriously damaged the environment of the oceans, which naturally absorb these gases. This justifies Review of the obligations of the CO2 states in terms of the Convention on the of Law the Sea. This paper, by interpreting of Article 1(4) of Convention, concludes that greenhouse gas emissions are subject to the definition of marine environmental pollution and consequently states parties to the Convention have numerous obligations under the XII part of the Convention to protect the marine environment against greenhouse gas emissions. The provisions of Part XIII of the Convention are also a way of proving these obligations. Also, by proving that many of the environmental obligations in the Convention have been or have become customary, one can speak of the responsibility and commitment of non-member states to reduce and even compensate the affected coastal states.

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